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Reporter to be appointed.

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cial Court.

judgment upon any action by order of the Justices of said Court out of term time, he shall enter upon his docket the time when he shall receive such order, and all liens created by attachment on mesne process in said actions, shall continue and be in force for and during thirty days after the then next term of the Supreme Judicial Court for said county, any thing in the law to the contrary notwithstanding.

SEC. 9. Be it further enacted, That the Governor, by and with the advice of the Council, shall, as soon as may be after the passing of this Act, appoint some suitable person learned in the law, to be a Reporter of the decisions of the Supreme Judicial Court, who shall be sworn to the faithful discharge of his duty, and shall be removable at pleasure of the Executive; whose duty it shall be, by his personal attendance, or by any other means in his power, to obtain true and authentic reports of the decisions, which may hereafter be made by said Court, and shall publish the same whenever they will compose a suitable volume.

SEC. 10. Be it further enacted, That the said Reporter shall receive out of the Treasury of this State, six hundred dollars annually, which together with the profits arising from the publication of his said reports, shall be a full compensation for his services aforesaid; and that the money, paid by persons admitted to practice as Attorneys in the Supreme Judicial Court shall be a fund for the payment of said sum: and if insufficient, to be paid out of any other monies in the Treasury not otherwise appropriated.

SEC. 11. Be it further enacted, That this Act shall continue in force during the term of three years from the passing the same and no longer.

[Approved June 24, 1820.].

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CHAPTER LV.

An Act to alter the times of holding the Supreme Judicial Court, and Circuit
Court of Common Pleas, in the County of Cumberland.

BE it enacted by the Senate and House of Representa Supreme Jud tives, in Legislature assembled, That from and after the first day of April next, the Supreme Judicial Court shall be holden at Portland, within and for the county of Cumberland, on the first Tuesday of May, and on the third Tuesday next following the third Tuesday of October in each year. And the Circuit Court Circuit Court of Common Pleas shall be holden at Portland, within and for the county of Cumberland, on the first Tuesday of March, the third Tuesday of June, and the second Tuesday of December, in each year. And all acts and parts of acts fixing the times of holding either of said Courts in said county, shall be, and they are hereby repealed.

Common Pleas.

[Approved March 21, 1821.]

CHAPTER LVI.

An Act in addition to "an Act establishing a Supreme Judicial Court within this State."

In certain cas

to have full

causes.

BE it enacted by the Senate and House of Representatives, in Legislature assembled, That in all actions, petitions, and es, one Judge civil suits pending before the Supreme Judicial Court, where- power to hear in any two of the Judges of said Court, have been of counsel and decide for either party, or are otherwise interested in such actions, petitions or civil suits, one of the Justices of said Court, who has not been counsel or otherwise interested as aforesaid, shall have full power and authority to hear, adjudge, and determine said actions, petitions, and civil suits with or without the intervention of a Jury, as the parties may by their pleadings, or agreed statements of facts, render necessary according to law; any thing in the Act, to which this is an addition, to the contrary notwithstanding.

[Approved March 8, 1821.]

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CHAPTER LVII.

An Act defining the powers of the Judicial Courts in granting Reviews and for other purposes.

In cases when

good to

may be granted,

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That wherever there shall have there have been been any legal cause for any Judicial Court before judgment, set aside a ver to set aside any verdict, but nevertheless judgment shall diet, a review have been rendered on such verdict, the party aggrieved by such judgment may petition the Justices of the Court, at any on petition to of their terms, for a review of such cause; and the said Justices on due notice to the adverse party, and full consid- and after due eration of such petition, are hereby empowered, (if they see fit,) to grant a review of the said cause on such terms and con- on such condi ditions as to them may seem just and reasonable between the tions as may be said parties.

Judicial Court,

notice,

deemed proper.

of accident,mis

rendered,

SEC. 2. Be it further enacted, That whenever by reason When by reason of any accident, mistake, or any unforeseen cause, judgment take, &c. judgshall have been rendered on discontinuance, nonsuit, nil ment has been dicit, non sum informatus, report of referees, or default, or suits may have been discontinued without judgment, to the hindrance or subversion of justice, the said Justices, on peti- court may tion as aforesaid, are further empowered to grant a review grant a review. of the action. And the said Justices shall be, and they are hereby vested with discretionary power, to grant reviews in grant reviews all civil actions, in manner as aforesaid, whenever they shall in all civil ac. judge it to be reasonable, without being limited to particular they think it

cases.

Court may

tions. when

reasonable.

ments rendered

SEC. 3. Be it further enacted, That wherever, by reason In case of judg of any of the causes mentioned in the last enacting clause, in c. C. Coinany judgment in the Circuit Court of Common Pleas, or be- before Justice

mon Pleas or

cial Court may

the cause, on

under certain fore any Justice of the Peace, may have been rendered in circumstances. manner as in the same clause is mentioned; or any appeal may have been prevented or lost to the hindrance or subverSupreme Judi- sion of justice as aforesaid; and the party aggrieved shall grant review of produce in, and file with the Clerk of the Supreme Judicial petition of par. Court a copy of record of the cause duly attested, and shall ty injured; petition the Justices of the same Court for a review of the cause, in manner as aforesaid, the said Justices may grant a review of the said cause in manner aforesaid to be heard and determined in the said Supreme Judicial Court: Provided, cation be made That application be made to the Justices of the said Court within three years after the rendition of the judgment complained of, and only one review shall ever be granted in any action by virtue of this Act.

provided appli

within three

years.

When review is granted, a writ

SEC. 4. Be it further enacted, That whenever a review is of review to be granted by virtue of this Act, a writ of review shall be sued prosecuted: out and prosecuted to final judgment and execution. And Proceedings in the party bringing such action of review, shall produce in

such action.

Former judg

ment may be reversed in

whole or part,

&c.

Court, on granting a re

execution, on

Court attested copies of the writ, judgment and all papers used and filed in the former trial, and each party shall have the liberty to offer any further evidence; and the whole cause shall be tried in the same manner as if no judgment had been given thereon: and the former judgment may be reversed in whole or in part, or greater damages or less, or no damages may be given, as the merits of the cause upon law and the evidence shall appear to require.

SEC. 5. Be it further enacted, That the Justices aforesaid view may say to whom any petition shall be preferred in manner aforesaid, condition, &c. are further empowered to stay execution in the cause on such conditions as are before mentioned; and whenever the same Justices shall adjudge that the petitioner shall take nothing by his petition, they are also empowered to award the respondent his costs, and execution may be sued out accordingly.

May grant

costs to res

pondent.

When by acci

dent or mis

plaint was not

proper term.

order the entry

term,

SEC. 6. Be it further enacted, That whenever by reason take, &c. an of any accident, mistake or unforeseen cause, an appeal in a appeal or com- civil action or complaint may not be entered at the Supreme entered at the Judicial Court at the proper term of said Court for entering 5. J. Court may the same, the Justices of the same Court be, and they are at any other hereby empowered, on the petition of the party, at their discretion, to order such appeal or complaint, to be entered at any other term of said Court, within the county where the judgment appealed from shall have been rendered; and to proceed to try the appeal or affirm the former judgment, with additional damages and costs, in the same manner as they might have done if the said appeal or complaint had been entered at the proper term for entering the same; and the have same dis- said Justices are hereby vested with all the discretionary ers as in grant power respecting such appeals or complaints with which they are vested, in the cases of petitions for review mentioned in

and try the

cause.

S. J. Court to

cretionary pow

jpg reviews.

tion must be

in one year af

term.

this Act: Provided, That no petition for entry of such appeal Proviso-petior complaint shall be sustained, unless such petition shall be presented withexhibited to the Court within one year after the term at ter the proper which such appeal or complaint ought to have been entered. Bail and propAnd provided also, That no goods or estate attached, or bail ety attached given upon the original writ shall be affected by any thing fected by such done by force of this section; but the same shall remain discharged, notwithstanding the entry of any such appeal or complaint as aforesaid.

not to be af

proceedings.

C. Picas as to

Justices' com

plaints,

ments by mis

SEC. 7. Be it further enacted, That every Circuit Court of Power of C. c. Common Pleas within this State be, and they are hereby vest-appeals from ed with the same powers respecting appeals made from judg-, dements rendered by Justices of the Peace and complaints for Faults. & judg not entering the same; and also respecting all actions and take, &c. suits before Justices of the Peace wherein the damage laid does not exceed twenty dollars, and wherein the defendant has been defaulted for want of actual notice of the suit, or by some other accident or mistake, with which the Justices of the Supreme Judicial Court are by this Act vested, respecting appeals from judgments rendered by Circuit Courts of Common Pleas, and complaints for not entering the same, and respecting the granting reviews in the certain other actions. or suits before mentioned, wherein the defendant has been defaulted, or lost his law.

whose claim

solvent estate

sioners, and who

has omitted or

his intention to

law,

SEC. 8. Be it further enacted, That in all cases in which when a person, any person shall have presented any claim for allowance to against an inany Board of Commissioners which may have been appoint- has been reject ed by any Judge of Probate, to receive and examine the ed by conimisclaims against the estate of any deceased person, which may by mistake. &c. have been represented insolvent, and such claim shall have may omit to been rejected by such commissioners, and a return of their give notice of doings made to the Judge of Probate, and the claimant, who sue at common has or may prefer such claim for allowance has by accident, mistake or otherwise, omitted to give notice, or shall hereaf ter omit to give notice at the Probate Office, within twenty days after the making of such return of the commissioners, that it is his or her intention to have such claim determined at common law, the Supreme Judicial Court, at any session the Supreme thereof, holden in any county, upon such claimant's present- Judicial Court ing a petition for relief, and making it to appear that he or may grant a she has reasonable grounds for expecting to support his or tute a suit, &c. her claim, and that he or she has not lost his or her right to institute a suit against the executor or administrator of such estate, and have such claim determined at common law, by his or her negligence, is hereby authorized and empowered after due notice to the adverse party, to grant such claimant a right to institute a suit for the recovery of such claim against the executor or administrator of such insolvent estate, at the next Circuit Court of Common Pleas, to be holden in the county in which such executor or administrator dwells;

on petition

right to insti

be thereupon

case.

application

Proceedings to and the same proceedings shall be had in such suit, as are bad, in such by law provided in suits instituted by claimants for the recovery of claims against insolvent estates, which have been rejected by the commissioners appointed to receive and examine the claims against such estates: Provided however, That Proviso-Such no such petition shall be sustained unless the same shall be must be made presented within two years from the return of the report of such commissioners to the Judge of Probate and that the distribution of any insolvent estate which may have been made Any previous previously to the presenting of such petition and notice thereestate not to be of to the executor or administrator of such estate, shall not disturbed, by be disturbed by the judgment which may be recovered in to be granted any such suit; nor shall the right to institute any such suit be after the lapse granted to any claimant after four years shall have elapsed, grant of admin- from the time of granting administration on such estate.

within two years, &c.

distribution of

after judgment.

No such relief

of 4 years from

istration.

Sup. J. Conrt

married wo

abandoned

her real or per.

during his ab

sence;

SEC. 9. Be it further enacted, That in all such cases where may license a any married man shall have absented himself from this State man, whose abandoning his wife, and not making sufficient provision for hushed her, her support or maintenance, the Justices of the Supreme Juto sell any of dicial Court are hereby authorized at any of the terms of the sonal estate said Court, upon the application of any such wife, to empow er and enable her during the absence of her husband from this State, and no longer, in her own name, to make and execute any contract either under seal or otherwise, and by deed to sell and convey any estate real or personal, of which at the time of such sale, she shall be seized or possessed in her own right; and to commence, prosecute and defend any cute and defend suit in law or equity to final judgment and execution; in the same manner as if she was sole and unmarried; or the said Justices may grant to any such wife any or all the powers above described according as they shall judge the circumstances of such wife shall require.

and to prose

actions as a

feme sole, &c.

If husband re

tracts of his wife are in

force, he to be

liable thereon.

SEC. 10. Be it further enacted, That if any such husband turn while con- should return into this State while any contract made by his wife, pursuant to the powers aforesaid should remain undischarged, the same remedy shall lie against such husband, as if the contract had been made by her before the marriage; and no suit pending, wherein his wife shall be a party, pursuant to the said powers, shall abate by his return into this by his return. State.

No suit where

the wife is a

party, in such

case, to abate

Court to give

fore granting

SEC. 11. Be it further enacted That when application shall notice. &e. he be made by any wife for any or all of the powers aforesaid, such powers to the Justices of the said Court, shall, previous to their granting wife, any of the powers aforesaid, cause such public notice of the as in cases of said application to be given as by law they are directed in libel filed by any married woman for a divorce, [Approved March 15, 1821.]

Jibel for di

vorce.

case of

any

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